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RUOTOLO v. STATE OF NEW YORK

83 N.Y.2d 248 (1994)

631 N.E.2d 90

609 N.Y.S.2d 148

Mary Beth O. Ruotolo, as Administratrix of The Estate of Thomas Ruotolo, Deceased, et al., Respondents, v. State of New York, Appellant. (Claim No. 70726.)

Court of Appeals of the State of New York.

Decided February 17, 1994.

Attorney(s) appearing for the Case

G. Oliver Koppell, Attorney-General, Albany (Michael S. Buskus, Jerry Boone and Peter H. Schiff of counsel), for appellant.

Lysaght, Lysaght & Kramer, P. C., Lake Success (Joseph L. Decolator, Denis J. Jean and Raymond E. Kerno of counsel), for respondents.

Chief Judge KAYE and Judges SIMONS, LEVINE and CIPARICK concur; Judges TITONE and SMITH taking no part.

BELLACOSA, J.

Ten years ago, New York City Police Officer Thomas Ruotolo was killed in the line of duty by a parolee. The officer's widow and two other officers wounded in the incident have tried to sue the State for negligence. The claims rest on allegations that the State Parole Board wrongfully allowed the assailant to remain on parole. The first series of this litigation...

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